Claudia Hurtado v. Mantler Management, 2015 HRTO 1418

Human Rights Tribunal of Ontario

B E T W E E N:

Claudia Hurtado

Applicant

-and-

Mantler Management

Respondent

DECISION

Adjudicator: Naomi Overend

Date: October 23, 2015

Citation: 2015 HRTO 1418

Indexed as: Hurtado v. Mantler Management

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on February 11, 2015. The respondent delivered a Response on July 22, 2015, asking that this Application be dismissed on the basis that another proceeding had appropriately dealt with the substance of the Application.

2On July 22, 2015, the Tribunal issued a Delivery of Response and Notice of Request to Dismiss. The applicant was directed to file a Reply, specifically responding to the issue raised in the Response, by no later than August 5, 2015. This letter was returned by Canada Post marked “return to sender/no longer at this address.”

3A follow-up email was sent on August 6, 2015, directing the applicant to indicate whether she wished to continue with her Application, and if so, file a Reply with complete submissions by August 20, 2015. The applicant was warned that failure to provide written submissions by the deadline would result in his Application being dismissed as abandoned.

4A further follow-up letter was sent to a new mailing address for the applicant on September 18, 2015, requiring her to respond by October 2, 2015. This letter was not returned. The letter advised the applicant that failure to file written submissions on the respondent’s request to dismiss may be considered an abandonment of the Application and it might be dismissed for that reason.

5The applicant did not respond to either the follow-up email or subsequent letter and the time for doing so has now passed.

6In the circumstances, the applicant is deemed to have abandoned the Application.

7The Application is dismissed.